EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1023*
SENATE BILL 1023
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By: Senators Brooks, Lewis Young, and Lam
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Maryland Building Performance Standards – Fossil Fuel Use, Energy 2
Conservation, and Electric– and Solar–Ready Standards 3
(Better Buildings Act of 2024) 4
FOR the purpose of requiring the Maryland Department of Labor, on or before certain dates 5
and as part of the Maryland Building Performance Standards, to adopt a 6
requirement that new buildings meet all water and space heating demands of the 7
building without the use of fossil fuels, energy conservation requirements, and an 8
electric– and solar–ready standard for certain buildings; and generally relating to 9
the Maryland Building Performance Standards. 10
BY repealing and reenacting, with amendments, 11
Article – Public Safety 12
Section 12–503 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2023 Supplement) 15
BY adding to 16
Article – Public Safety 17
Section 12–503.1 18
Annotated Code of Maryland 19
(2022 Replacement Volume and 2023 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Public Safety 23
12–503. 24
(a) (1) The Department shall adopt by regulation, as the Maryland Building 25 2 SENATE BILL 1023
Performance Standards, the International Building Code, including the International 1
Energy Conservation Code, with the modifications incorporated by the Department under 2
subsection (b) of this section. 3
(2) The Department shall adopt each subsequent version of the Standards 4
within 18 months after it is issued. 5
(b) (1) Before adopting each version of the Standards, the Department shall: 6
(i) review the International Building Code to determine whether 7
modifications should be incorporated in the Standards; 8
(ii) consider changes to the International Building Code to enhance 9
energy conservation and efficiency; 10
(iii) subject to the provisions of paragraph (2)(ii) of this subsection, 11
adopt modifications to the Standards that allow any innovative approach, design, 12
equipment, or method of construction that can be demonstrated to offer performance that 13
is at least the equivalent to the requirements of: 14
1. the International Energy Conservation Code; 15
2. Chapter 13, “Energy Efficiency”, of the International 16
Building Code; or 17
3. Chapter 11, “Energy Efficiency”, of the International 18
Residential Code; 19
(iv) accept written comments; 20
(v) consider any comments received; and 21
(vi) hold a public hearing on each proposed modification. 22
(2) (i) Except as provided in subparagraph (ii) of this paragraph and [§ 23
12–510] §§ 12–503.1 AND 12–510 of this subtitle, the Department may not adopt, as part 24
of the Standards, a modification of a building code requirement that is more stringent than 25
the requirement in the International Building Code. 26
(ii) The Department may adopt energy conservation requirements 27
that are more stringent than the requirements in the International Energy Conservation 28
Code, but may not adopt energy conservation requirements that are less stringent than the 29
requirements in the International Energy Conservation Code. 30
(c) The Standards apply to each building or structure in the State for which a 31
building permit application is received by a local jurisdiction on or after August 1, 1995. 32
SENATE BILL 1023 3
(d) In addition to the Standards, the Department shall: 1
(1) on or before January 1, 2023, adopt by regulation the 2018 2
International Green Construction Code; and 3
(2) adopt each subsequent version of the Code within 18 months after it is 4
issued. 5
12–503.1. 6
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(2) “ELECTRIC VEHICLE –CAPABLE SPACE ” OR “EV–CAPABLE SPACE ” 9
MEANS A PARKING SPAC E PROVIDED WITH ELEC TRICAL INFRASTRUCTUR E, 10
INCLUDING RACEWAYS , CABLES, ENCLOSURES , ELECTRICAL CAPACITY , AND 11
ELECTRICAL DISTRIBUT ION EQUIPMENT SPACE , NECESSARY FOR CONNEC TION TO 12
EVSE. 13
(3) “ELECTRIC VEHICLE –READY SPACE ” OR “EV–READY SPACE ” 14
MEANS A PARKING SPACE PROV IDED WITH: 15
(I) A BRANCH CIRCUIT ; AND 16
(II) 1. AN OUTLET FOR CONNEC TION TO EVSE; OR 17
2. AN ENCLOSURE FOR CON NECTION TO EVSE. 18
(4) (I) “ELECTRIC VEHICLE SUPPLY EQUIP MENT” OR “EVSE” 19
MEANS EQUIPMENT FOR PLUG–IN POWER TRANSFER FO R THE PURPOSE OF 20
TRANSFERRING ENERGY BETWEEN THE LOCATION ’S WIRING AND THE ELE CTRIC 21
VEHICLE. 22
(II) “ELECTRIC VEHICLE SUPP LY EQUIPMENT ” OR “EVSE” 23
INCLUDES THE UNGROUN DED, GROUNDED, AND EQUIPMENT GROUND ING 24
CONDUCTORS AND THE E LECTRIC VEHICLE CONN ECTORS, ATTACHMENT PLUGS , 25
PERSONAL PROTECTION SYSTEM, AND ALL OTHER FITTIN GS, DEVICES, POWER 26
OUTLETS, OR APPARATUSES . 27
(5) “ELECTRICAL VEHICLE SU PPLY EQUIPMENT INSTA LLED SPACE” 28
OR “EVSE SPACE” MEANS A PARKING SPAC E WITH OPERATIONAL EVSE 29
INSTALLED. 30
(6) “ELECTRIC–READY” MEANS THE MORE STRIN GENT OF: 31 4 SENATE BILL 1023
(I) ELECTRIC–READY REQUIREMENTS I N THE INTERNATIONAL 1
ENERGY CONSERVATION CODE, INCLUDING RELEVANT A PPENDICES; OR 2
(II) HAVING ADEQUATE PANE L CAPACITY , DEDICATED 3
ELECTRIC PANEL SPACE , ELECTRICAL WIRE , ELECTRICAL RECEPTACL ES, AND 4
ADEQUATE PHYSICAL SP ACE TO ACCOMMODATE F UTURE INSTALLATION O F 5
HIGH–EFFICIENCY ELECTRIC APPLIANCES, INCLUDING HEATING , WATER HEATING , 6
COOKING, AND DRYING. 7
(7) (I) “SIGNIFICANT IMPROVEME NT” MEANS ANY REPAIR , 8
RECONSTRUCTION , REHABILITATION , ALTERATION, ADDITION, OR OTHER 9
IMPROVEMENT OF A BUI LDING OR STRUCTURE , THE COST OF WHICH EQ UALS OR 10
EXCEEDS 50% OF THE REPLACEMENT C OST OF THE STRUCTURE BEFORE TH E 11
IMPROVEMENT OR REPAI R IS STARTED. 12
(II) “SIGNIFICANT IMPROVEME NT” DOES NOT INCLUDE THE 13
IMPROVEMENT OF A BUI LDING: 14
1. REQUIRED TO CORRECT EXISTING HEALTH , 15
SANITARY, OR SAFETY CODE VIOLA TIONS IDENTIFIED BY A BUILDING OFFICIAL OR 16
THAT ARE THE MINIM UM NECESSARY TO ENSU RE SAFE LIVING CONDI TIONS; OR 17
2. BY ALTERATION OF A H ISTORIC STRUCTURE 18
PROVIDED THAT THE AL TERATION WILL NOT PR ECLUDE THE STRUCTURE ’S 19
CONTINUED DESIGNATIO N AS A HISTORIC STRU CTURE. 20
(8) “SITE ENERGY USE INTEN SITY” MEANS 1,000 BRITISH THERMAL 21
UNITS PER SQUARE FOO T PER YEAR EXPECTED OR MODELED TO BE USE D AT A 22
BUILDING’S PREMISES, EXCLUSIVE OF: 23
(I) RENEWABLE ENERGY PRO DUCED AND ELECTRIC V EHICLE 24
CHARGING PROVIDED AT THE BUILDING’S PREMISES; 25
(II) UNCONDITIONED FLOOR AREA; AND 26
(III) PARKING. 27
(9) “SOLAR–READY” MEANS THE MORE STRIN GENT OF: 28
(I) SOLAR–READY REQUIREMENTS I N THE INTERNATIONAL 29
BUILDING CODE OR INTERNATIONAL ENERGY CONSERVATION CODE, INCLUDING 30
RELEVANT APPENDICES ; AND 31 SENATE BILL 1023 5
(II) DESIGN, ENGINEERING , AND CONSTRU CTION SO THAT AT 1
LEAST 40% OF THE ROOF AREA IS : 2
1. FREE FROM OBSTRUCTIO NS; AND 3
2. CAPABLE OF ACCEPTING THE INSTALLATION OF 4
SOLAR PANELS . 5
(B) (1) ON OR BEFORE OCTOBER 1, 2025, AS PART OF THE STANDARDS, 6
THE DEPARTMENT SHALL ADOP T: 7
(I) SUBJECT TO PARAGRAPH S (2) AND (3) OF THIS 8
SUBSECTION, A REQUIREMENT THAT N EW BUILDINGS MEET AL L WATER AND SPACE 9
HEATING DEMANDS OF T HE BUILDING WITHOUT THE USE OF FOSSIL FU ELS; 10
(II) AN ELECTRIC–READY STANDARD FOR N EW BUILDINGS THAT 11
RECEIVE A WAIVER UN DER PARAGRAPH (3) OF THIS SUBSECTION ; 12
(III) SUBJECT TO PARAGRAPH S (2) AND (4) OF THIS 13
SUBSECTION, A REQUIREMENT THAT N EW BUILDINGS BE SOLA R–READY IF THE 14
BUILDING: 15
1. WILL HAVE 20,000 SQUARE FEET OR MORE OF 16
CONTINUOUS ROOF SPAC E, EXCLUDING THE PARK ING AREA; AND 17
2. WILL BE 20 STORIES OR LESS IN H EIGHT ABOVE 18
GRADE PLANE ; AND 19
(IV) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A 20
REQUIREMENT THAT NEW BUILDINGS MEET ELECT RIC VEHICLE CHARGING 21
INFRASTRUCTURE REQUI REMENTS, INCLUDING: 22
1. NEW ONE– AND TWO–FAMILY DWELLINGS AND TOWN 23
HOUSES WITH A DESIGN ATED ATTACHED OR DET ACHED GARAGE OR OTHE R ON–SITE 24
PRIVATE PARKING PROV IDED ADJACENT TO THE DWELLING UNIT PROVID ED WITH 25
ONE EV–CAPABLE, EV–READY, OR EVSE SPACE PER DWELLING U NIT; 26
2. RESIDENTIAL BUILDING S OF LESS THAN 4 STORIES IN 27
HEIGHT ABOVE GRADE P LANE WITH THREE OR M ORE DWELLING UNITS P ROVIDED 28
WITH EV–CAPABLE, EV–READY, OR EVSE SPACES FOR 40% OF DWELLING UNITS 29
OR PARKING SPACES , WHICHEVER IS LESS ; AND 30
6 SENATE BILL 1023
3. ALL OTHER BUILDINGS PROVIDED WITH NOT LESS 1
THAN THE FOLLOWING P ERCENTAGES OF EV–CAPABLE AND EVSE SPACES 2
ACCORDING TO THE INTERNATIONAL BUILDING CODE OCCUPANCY GROUP : 3
A. GROUP A WITH 10% EVSE SPACES AND 10% 4
EV–CAPABLE SPACES ; 5
B. GROUPS B, E, I, M, AND S–2 PARKING GARA GES WITH 6
15% EVSE SPACES AND 30% EV–CAPABLE SPACES ; 7
C. GROUPS F, R–3, AND R–4 WITH 2% EVSE SPACES 8
AND 5% EV–CAPABLE SPACES ; 9
D. GROUPS H AND S, EXCLUSIVE OF PARKING GARAGES, 10
WITH 1% EVSE SPACES; AND 11
E. GROUPS R–1 AND R–2 WITH 20% EVSE SPACES AND 12
80% EV–CAPABLE SPACES . 13
(2) A BUILDING PERMIT APPL ICATION SUBMITTED AN D RECEIVED BY 14
A LOCAL JURISDICTION ON OR AFTER OCTOBER 1, 2026, SHALL MEET THE 15
REQUIREMENTS UNDER P ARAGRAPH (1) OF THIS SUBSECTION . 16
(3) (I) SUBJECT TO SUBPARAGRA PHS (II) AND (III) OF THIS 17
PARAGRAPH , A LOCAL JURISDICTION MAY GRANT A WAIVER F ROM THE 18
REQUIREMENT UNDER PA RAGRAPH(1)(I) OF THIS SUBSECTION F OR: 19
1. EMERGENCY BACK –UP POWER SYSTEMS FOR NEW 20
BUILDINGS; AND 21
2. NEW BUILDINGS , SIGNIFICANT IMPROVEM ENTS, AND 22
ADDITIONS SPECIFICALLY DESIGNATED FOR OCCUP ANCY BY A COMMERCIAL FOOD 23
ESTABLISHMENT , LABORATORY , LAUNDROMAT , HOSPITAL, OR CREMATORIUM . 24
(II) 1. A WAIVER GRANTED UNDER SUBPARAGRAPH (I) OF 25
THIS PARAGRAPH SHALL BE LIMITED TO BUILDI NG SYSTEMS AND AREAS THAT 26
CANNOT FEASIBLY USE EN ERGY GENERATED FROM A SOURCE OTHER THAN FOSSIL 27
FUELS. 28
2. FINANCIAL CONSIDERATI ONS ARE NOT A SUFFIC IENT 29
BASIS FOR DETERMININ G FEASIBILITY UNDER SUBSUBPARAGRAPH 1 OF THIS 30
SUBPARAGRAPH . 31
SENATE BILL 1023 7
(III) A BUILDING THAT IS GRA NTED A WAIVER UN DER 1
SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL: 2
1. SEEK TO MINIMIZE EMI SSIONS FROM ITS FOSS IL FUEL 3
USE; 4
2. MAXIMIZE HEALTH , SAFETY, AND FIRE PROTECTION ; 5
AND 6
3. BE REQUIRED TO COMPL Y WITH THE 7
ELECTRIC–READY STANDARDS ADOP TED UNDER PARAGRAPH (1)(II) OF THIS 8
SUBSECTION. 9
(IV) TO ENSURE A WAIVER GR ANTED UNDER SUBPARAG RAPH (I) 10
OF THIS PARAGRAPH IS STILL NECESSARY , THE WAIVER SHALL BE REVIEWED: 11
1. EACH TIME THE STANDARDS ARE MODIFIE D BY THE 12
DEPARTMENT ; AND 13
2. BY THE LOCAL JURISDI CTION THAT GRANTED THE 14
WAIVER EACH TIME THE LOCAL JURISDICTION M ODIFIES ITS LOCAL AM ENDMENTS 15
UNDER § 12–504 OF THIS SUBTITLE. 16
(4) REGULATIONS ADOPTED U NDER THIS PARAGRAPH MAY 17
AUTHORIZE A LOCAL JU RISDICTION TO WAIVE THE SOLAR–READY REQUIREMENTS 18
FOR A BUILDING ON A SPECIFIC FINDIN G THAT: 19
(I) INCIDENT SOLAR RADIA TION AT THE BUILDING SITE IS LESS 20
THAN 75% OF INCIDENT SOLAR RA DIATION AT AN OPEN S ITE; OR 21
(II) SHADOW STUDIES INDIC ATE THAT 25% OF A BUILDING ’S 22
ROOF AREA WILL BE IN SHADOW. 23
(5) NOTHING IN THIS SUBSECTION MAY BE CO NSTRUED TO PROHIBIT 24
A LOCAL JURISDICTION FROM PROHIBITING THE USE OF FOSSIL FUELS IN 25
BUILDINGS OR ADOPTIN G ENERGY CONSERVATIO N AND SOLAR ENERGY 26
REQUIREMENTS FOR BUI LDINGS THAT ARE MORE STRINGENT THAN THE 27
REQUIREMENTS ESTABLI SHED BY THE DEPARTMENT UNDER THIS SECTION. 28
(C) (1) IN THIS SUBSECTION , “COVERED BUILDING ” MEANS A 29
COMMERCIAL OR RESIDE NTIAL BUILDING WITH A GROSS FLOOR AREA O F 25,000 30
SQUARE FEET OR MORE , EXCLUDING THE PARKIN G GARAGE AREA . 31
8 SENATE BILL 1023
(2) THIS SUBSECTION APPLI ES ONLY TO NEW CONSTRUCTION . 1
(3) (I) THE DEPARTMENT SHALL ADOP T, AS PART OF THE 2
STANDARDS, REGULATIONS ESTABLIS HING ENERGY CONSERVA TION 3
REQUIREMENTS FOR COV ERED BUILDINGS IN AC CORDANCE WITH THIS 4
SUBSECTION. 5
(II) THE DEPARTMENT MAY ADOPT REGULATIONS FOR 6
PERIODS AFTER SEPTEMBER 30, 2029, CONCURRENT WITH UPDA TES TO THE 7
STANDARDS REQUIRED UN DER § 12–503(A)(2) OF THIS SUBTITLE. 8
(III) IN DEVELOPING THE REG ULATIONS, THE DEPARTMENT : 9
1. A. SUBJECT TO ITEM B OF THIS ITEM , SHALL 10
ESTIMATE SITE ENERGY USE INTENSITY ACHIEVED ACCORDING T O PUBLICATIONS 11
FROM THE UNITED STATES DEPARTMENT OF ENERGY OR ITS CONTRAC TORS; AND 12
B. MAY SEEK ADVICE FROM THE UNITED STATES 13
DEPARTMENT OF ENERGY, ITS CONTRACTORS , OR SIMILARLY QUALIFI ED PARTIES 14
TO MAKE THESE ESTIMA TES; AND 15
2. SUBJECT TO PARAGRAPH (4) OF THIS SUBSECTION , 16
FOR THE PURPOSES OF THE STANDARDS AUTHORIZING COMPLIANCE VIA THE 17
ATTAINMENT OF ENERGY EFFICIENCY CREDITS O R ACHIEVEMENT OF 18
PERFORMANCE THRESHOL DS, SHALL CALCULATE AND ADOPT CREDITS AND 19
PERFORMANCE THRESHOL DS IN A MANNER THAT COMPAR ES SITE ENERGY USE 20
INTENSITY CHANGES FR OM ENERGY EFFICIENCY MEASURES TO A 21
MARYLAND–SPECIFIC AVERAGE BAS ELINE ACROSS ALL FUE L TYPES, CALCULATED 22
ACCORDING TO THE MOS T RECENT, OBJECTIVE, AND COMPREHENSIVE AV AILABLE 23
CONSTRUCTION DATA FO R RELEVANT BUILDING TY PES. 24
(4) CREDITS OR PERFORMANC E THRESHOLDS MAY NOT BE 25
CALCULATED IN A MANN ER THAT AUTHORIZES B UILDINGS OF A CERTAI N FUEL TYPE 26
TO COMPLY WITH THE STANDARDS WHILE ACHIE VING A HIGHER SITE E NERGY USE 27
INTENSITY ON AVERAGE THAN BUILDINGS O F A DIFFERENT FUEL T YPE. 28
(5) SUBJECT TO PARAGRAPH (8) OF THIS SUBSECTION , THE 29
REGULATIONS SHALL RE QUIRE NEW RESIDENTIA L BUILDINGS LESS THA N 4 STORIES 30
ABOVE GRADE PLANE TO ACHIEVE, ON AVERAGE: 31
(I) SITE ENERGY USE INTE NSITY EQUAL TO OR LE SS THAN: 32
1. FOR BUILDING PERMIT APPLICATIONS RECEIVE D 33 SENATE BILL 1023 9
FROM OCTOBER 1, 2026, THROUGH SEPTEMBER 30, 2029, BOTH INCLUSIVE : 1
A. 40 IN CLIMATE ZONE 5; AND 2
B. 32 IN CLIMATE ZONE 4; 3
2. FOR BUILDING PERMIT APPLICATIONS RECEIVE D 4
FROM OCTOBER 1, 2029, THROUGH SEPTEMBER 30, 2032, BOTH INCLUSIVE : 5
A. 30 IN CLIMATE ZONE 5; AND 6
B. 25 IN CLIMATE ZONE 4; AND 7
3. FOR BUILDING PERMIT APPLICATIONS RECEIVE D 8
FROM OCTOBER 1, 2032, THROUGH SEPTEMBER 30, 2035, BOTH INCLUSIVE : 9
A. 20 IN CLIMATE ZONE 5; AND 10
B. 17 IN CLIMATE ZONE 4; AND 11
(II) A NET–ZERO ENERGY BALANCE FOR BUILDING PERMIT 12
APPLICATIONS RECEIVE D ON OR AFTER OCTOBER 1, 2035. 13
(6) SUBJECT TO PARAGRAPH (7) OF THIS SUBSECTION , THE 14
REGULATIONS SHALL RE QUIRE ALL BUILDINGS TO ACHIEVE, ON AVERAGE: 15
(I) SITE ENERGY USE INTE NSITY EQUAL TO OR LE SS THAN: 16
1. 45 IN CLIMATE ZONE 5 AND 38 IN CLIMATE ZONE 4 FOR 17
BUILDING PERMIT APPL ICATIONS RECEIVED FR OM OCTOBER 1, 2026, THROUGH 18
SEPTEMBER 30, 2029, BOTH INCLUSIVE ; 19
2. 39 IN CLIMATE ZONE 5 AND 33 IN CLIMATE ZONE 4 FOR 20
BUILDING PERMIT APPL ICATIONS RECEIVED FR OM OCTOBER 1, 2029, THROUGH 21
SEPTEMBER 30, 2032, BOTH INCLUSIVE ; AND 22
3. 30 IN CLIMATE ZONE 5 AND 25 IN CLIMATE ZONE 4 FOR 23
BUILDING PERMIT APPL ICATIONS RECEIVED FR OM OCTOBER 1, 2032, THROUGH 24
SEPTEMBER 30, 2035, BOTH INCLUSIVE ; AND 25
(II) A NET–ZERO ENERGY BALANCE FOR BUILDING PERMIT 26
APPLICATIONS RECEIVE D ON OR AFTER OCTOBER 1, 2035. 27
10 SENATE BILL 1023
(7) (I) A LOCAL JURISDICTION M AY ADOPT ENERGY 1
CONSERVATION REQUIRE MENTS FOR BUILDINGS THAT ARE MORE STRINGENT THAN 2
THE REQUIREMENTS EST ABLISHED BY THE DEPARTMENT UNDER THIS SECTION. 3
(II) IF THE LOCAL JURISDIC TION WHERE A COVERED BUILDING 4
WILL BE LOCATED HAS ADOPTED ENERGY CONSE RVATION REQUIREMENTS MORE 5
STRINGENT THAN THE R EQUIREMENTS ESTABLIS HED UNDER THIS SUBSECTION , 6
THE BUILDING SHALL B E REQUIRED TO MEET T HE MORE STRINGENT 7
REQUIREMENTS . 8
(8) IF THE VERSION OF THE STANDARDS IN EFFECT A T THE TIME A 9
BUILDING PERMIT APPL ICATION IS RECEIVED REQUIRE THE BUILDING TO MEET 10
ENERGY CONSERVATION REQUIREMENTS THAT ARE MORE STRING ENT THAN THE 11
REQUIREMENTS ESTABLI SHED UNDER THIS SUBS ECTION, THE BUILDING SHALL B E 12
REQUIRED TO MEET THE MORE STRINGENT REQUI REMENTS. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2024. 15